Human Law Mediation
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  • When Will A Statutory Will Be Granted?
    If a person does not have the necessary testamentarycapacity to make a will, then the court can make an order authorising a personto execute a will on that person's behalf. An application needs to be madeasking the Court of Protection to authorise the execution of that will. (the statutory will)In what circumstanceswill a statutory will be made?·         the vulnerable person has never made a wil...
Human Law Mediation
Human Law Mediation
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  • How To Maximise Your Negotiation Position After A Crisis
    Further to the general election and the loss of her party's majority, it is plain by looking at the demeanour of Prime Minister Theresa May when she is talking in Parliament and elsewhere that she is personally suffering and that she has experienced a profound loss of self confidence.She may have good reason to be in this state of mind but this mentality is not good for her and for the sake of her...
Human Law Mediation
Human Law Mediation
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  • When Attorneys Do Not Get On
    If one is making a LPA and appointing one or more attorney it is critical to get the appointment right and the attorneys have integrity and get on.When it goes wrong, something like this can happen. In the case of The Public Guardian v CS & PL [2015] EWCOP30the Donor, EL, was diagnosed with  dementia in 2009and appointed her two children, CS and PL, as her attorneys with the power toact jointly in...
Human Law Mediation
Human Law Mediation
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  • How Good Is The COP/OPG In Investigating Financial Abuse?
    The Court of Protection and Office of Public Guardian has historically received negative press but my experience is more positive.They are actually quite efficient.The latest OPG annual report(2015/16)  is quite revealing in how they deal with complaints including revealing speedy complaints: "We continue to work very closely with our external partners – including the CoP, security bond providers,...
Human Law Mediation
Human Law Mediation
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  • Deputy & LPA Financial Abuse Remaims Understated
    I am currently advising clients seeking to do a LPA investigation on suspected financial abuse.These problems of financial abuse are understated and sadly, widespread. While there has been a rise in the investigations intoattorneys and deputies over financial wrongdoing - from 487 in 2013, to 885 in2015.( LawyerBen Tyer, of GLP Solicitors, filed the datarequest and should be congratulated on getti...
Human Law Mediation
Human Law Mediation
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  • Human Law LLP Provides Guide on Negotiation
    Human Law has published a new FREE White Paper - Negotiating for Excellent Results.It's a must read for anyone trying to get the best out of business transactions or facing difficult negotiations with employees, customers or suppliers.As well  as providing a 10 step plan for effective negotiations which enable you to negotiate with power and persuasion the White Paper has useful advice on when to ...
Human Law Mediation
Human Law Mediation
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  • What PM Corbyn Means For Your Work and Inheritance
    With the shock of the UK general election result it may be worth reflecting that even though Conservatives have won the most votes, history is not on their side when it comes to running a successful subsequent minority administration.Since 1918 there have been three other general elections that have been followed by minority governments.All of those minority governments have been unsuccessful.The ...
Human Law Mediation
Human Law Mediation
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New blog articles detected.

  • How To Legally Ringfence Your Property From Care Fees
    The issue of care fees is topical. Irrespective of who wins the general election and to what extent, families across the country will continue to be concerned about their liability for care fees.Do you really want to hand control over your care to the state? If you are a self funder, (around 40% of care home places are self funding) the individual has more freedom about choosing a care home compar...
Human Law Mediation
Human Law Mediation
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  • How To Avoid Screwing Up Negotiations Like EU & UK
    As the Brexit negotiations continue, both parties are to a greaterextent continue to misread what the other party is thinking and in fact displayclassic signs of negotiation failure namely they have their heads in the sand andavoid facts.On the EU side according to Ambrose Evans Pritchard in the Telegraph(premium)  “The established narrative in EU capitals andthe European press is that Britain has...
Human Law Mediation
Human Law Mediation
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  • How To Attack the Validity Of A Will
    If you are engaged in a will dispute particularly over the validity of a will accumulation of evidence is critical. What are the key things to focus on?A non exhaustive list of things to do include: 1 Get Thewill –  To attack thevalidity of the will you need to obtainthe will – If a person refused to provide the will an application can be madefor the issue of a witness summons via the Senior Court...
Human Law Mediation
Human Law Mediation
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New blog articles detected.

  • Five Questions To Ask Your Lawyer on Continuing Healhcare Cases
    As a result of the specialised nature of NHS continuing healthcare and if you are in need of having specific support,  then you do what you can to find an organisation/lawyer with the right expertise and experience to support you.. In order to help you make that decision you can do worse than ask your lawyer/specialist organisation these five questions: How long has the lawyer been specialising in...
Human Law Mediation
Human Law Mediation
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  • Why Negotiators Love Their Enemies
    With respect Brexit and the recent hard-nosed statements of Thersa May, and Jean Claude Junker regarding the recent Downing Street dinner it is blindingly obvious that both the Conservative PM and the Commission EU President have vested interests in amplifying the disputes which have little to do with what is good for their countries/institutions and more about shoring their own respective positon...
Human Law Mediation
Human Law Mediation
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  • What Is The Legal Test of Mental Capacity For Doing A Will?
    The common law standard was laid down in Banks v Goodfellow whichis that the testator must do three things:i) Understand the nature of his act(sound mind)that is he is making a will and its effects?ii) Understand the extent of his property beingdisposed of (sound memory) though he/she not need remember every one of hisassetsiii)   Be able to comprehend and appreciate the claimsto which a person ma...
Human Law Mediation
Human Law Mediation
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  • How To Renounce As Executor
    If you do not want to act as executor, renunciation is a possibility.However, It is also only possible where an executor has not alreadyintermeddled with the estate.Anyone named as an executor in a will may abandon the roleby signing a renunciation witnessed by a disinterested witness(Say a non family member) which will go typically with the application for probate..It is only possible to renounce...
Human Law Mediation
Human Law Mediation
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  • What Are The Key Ways to Attack An Executor Post Grant?
    Often, it is only once an executor has taken probate and theadministration of the estate has, or should have, commenced that problemsoccur, in particular where an executor is uncommunicative, slow and inefficientin the administration of the estate, or has fallen out with his co-executor orthe beneficiaries. Given this, what are your key options? 1 Inventory and account.My favourite application as ...
Human Law Mediation
Human Law Mediation
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  • How To Deal With A Hardline Negotiator
    According to media reports, The EU’s chief negotiator hasadmitted to a clash with Theresa May during last week’s dinner in DowningStreet and warned that the size of the multibillion pound bill the Britishgovernment will be presented on leaving the bloc will be “incontestable”.Michel Barnier told reporters the “clock was ticking” on thetime left to come to an agreement about the future as he unveil...
Human Law Mediation
Human Law Mediation
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  • What Is the Best Way To Remove An Executor?
    Removing an executor is a last resort and this can be dome under s. 50of the Administration of Justice Act 1985.A dated case but still relevant is Heyman v Dobson [2007] EWHC3503, where a residuary beneficiary brought an application under s.50 havingbeen unable to obtain a response from the executor to requests forinformation regarding the estate. This case shows influencing the judge is pivotal a...
Human Law Mediation
Human Law Mediation
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New blog articles detected.

  • What Are The Most Common Failings of Lawyers in Mediation?
    From my experience of mediation what are the most common failings of lawyers during mediation? Here are some examples. Lack ofConfidence in the Process – There are many lawyers who lack confidence,understanding of the process and accordingly allow this to cloud theirthinking. PreparingFor the Case as though it was trial where you have to prove your case to a3rd party. There is rough and tumble in ...
Human Law Mediation
Human Law Mediation
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  • How To Create A Newspaper Story
    According to the Mail on Sunday, Cecil Parkinson's disabledchild is suing her late father's estate as mother claims he is 'starving theminto submission' from beyond the grave  Sara Keays wants the estate of former Conservative minister CecilParkinson to give money to her daughter, the mother of former Tory ministerCecil Parkinson's child claims he is "starving them into submission"from beyond the ...
Human Law Mediation
Human Law Mediation
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New blog articles detected.

  • Why Suing Employers Is So Tough
    It is well known that the number of cases taken to employment tribunals has fallen by 70% since fees were introduced. A government review has found that the number of multiple claims taken to employment tribunals fell from 5,847 before fees were brought in to 1,740 in the year afterwards (2014-15) – a reduction of 70%. The number of single cases fell by an equivalent amount.It is correct that the ...
Human Law Mediation
Human Law Mediation
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New blog articles detected.

  • Why Inheritance Disputes Are Still An Apparent Free For All
    Further to the Ilott judgment there has been some more analysis which gives some succinct help as to where we stand on inheritance claims by the respected Lesley King in the Law Society Gazette.Just go to her comment at the end as to why it is difficult to advise clients on the strength or not of an inheritance claim.As she writes. "Charities will be relieved by the recognition of their right to b...
Human Law Mediation
Human Law Mediation
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  • Brexit - What Is The Biggest Weakness In The UK Approach?
    With the triggering of Article 50 by the UK Government, the phoney war is over and now the real negotiations are starting. Whilst there has been much talk in negotiating strategy and a comparison of the respective line ups for each side, it is worth considering what are the variables which will make for a successful negotiation.I mediate, run not uncomplicated cases and help parties negotiate. In ...
Human Law Mediation
Human Law Mediation
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New blog articles detected.

  • Pre-Grant - How To Pressure An Executor
    While I am a fan of the Request for Inventory & Account method in dealing with troublesome executors, this can only be used in the post grant of representation.(probate)Given this, what legal weapons can be used by beneficiaries if they are seeking to apply pressure to an executor prior to a grant of representation being obtained.Beyond the initial letter/emails/texts(?) (s) of complaint, solicito...
Human Law Mediation
Human Law Mediation
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  • How To Win An Inheritance Case Post Ilott
    The Ilott case has been decided and it is worth consideringsome of its implications. Here are some thoughts.The Case Does NotTotally Support Testamentary Freedom Contrary to some initial press reportssaid, the case does not re-inforcecomplete testamentary freedom. It is worth remembering that the deceased left nothingin her will to the daughter, Ms Illott, and the Supreme Court whilst allowing the...
Human Law Mediation
Human Law Mediation
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  • How Sympathetic Were People To You When You Had a Bereavement?
    There was quite a good piece in the Times today (8th March 2017/Firewall) by Alice Thomson who writes elegantly on the issue of death and how families need support when someone passes away close to them. She does not specifically source the figures but comes up with some interesting facts which gives pause for thought including - Only 25% of bereaved people across Britain feel supported following ...
  • Probate Fees Rise = Middle Classes Screwed
    The probate fees are changing from May 2017. Here are some brief questions and answers which include our thoughts on the changes.According to government spin on the issue, the changes are part of a drive to reduce the cost of running courts and tribunals, and raise £250 million for the Exchequer. What are the increases going to be? The proposed probate application fees are as follows: £300 ...
Human Law Mediation
Human Law Mediation
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  • Justin Patten Provides Book Outline
    Book Outline - A practical guide to elderly law – Published by Law Brief Publishing The book focuses on key legal and negotiation issues including inheritance claims, will validity, dealing with difficult executors, trusts, court of protection, mediation and other forms of negotiation. Chapter 1 Inheritance Claims CFA, Legal Aid,  Getting the Right Lawyer,  Asking the Questions Costs Starting ...
  • What Does A Mediator Really Do At A Mediation?
    It may not necessarily happen and this can be down to the (in)competence of the mediator but  the mediator’s role is to act as a catalyst to enable the parties to resolve the difficulty for themselves. To do this the mediator will:   Establish exactly what the dispute is about.   Clarify the positions of the parties and translate them into terms that are clearly understood by the parties.   ...
  • What Is The Point of A Larke v Nugus Letter?
    Background In the case of Larke v Nugus, the Court of Appeal refused to order those challenging the will to pay the costs of the challenge even though the will was found to be valid. This was because the solicitor who had prepared the will refused to make information available at an early stage which, had it been given, could have prevented a full trial. What is the Actual Purpose of Such a Le...
  • When Can Mediation Be Less and More Expensive Than Litigation?
    With respect to litigation costs the assertion by the mediation industry that mediation presents costs savings by comparison with full blown litigation costs is based on the assumption that the mediation will be successful.   On the negative side,  mediation can be costly due to the following:   Mediation is become more sophisticated in the hands of lawyer representatives. To get the most out of...
  • How To Negotiate on Continuing Health Care Challenges
    Broadly speaking there are three steps to challenging an assessment decision which goes against your family. These are:  1 Ask the CCG to review your case. Explain why you want your case reviewed and why you think the person is eligible for NHS continuing healthcare. 2 If the CCG decides you are still not eligible, you can obtain a review from an independent review panel (IRP). 3 If the IRP does...
Human Law Mediation
Human Law Mediation
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  • How To Challenge Continuing Healthcare Decisions
    One of the services which my firm does is advising people to challenge Continuing Health Care decisions. Here is a an article I wrote for the My Ageing Parent website which still applies today.
  • How To (Rightfully) Misuse A Caveat
    If a person with an interest in the deceased's estate wishes to block a grant of probate or letters of administration being obtained, one can issue a caveat and you pay the nominal sum of £20 to stop probate for six months which is renewable. Broadly there are three circumstances in which a caveat can be lodged: 1 If you have doubt about the validity of the will or other testamentary document e.g ...
  • Technology and Legal Representation Expose Accountant's Will Forgery
    According to recent press reports, a high-flying accountant forged his dead mother's will to take control of a share in his family's £160million palm oil business. Girish Dahyabhai Patel, 65, from Highgate in north London, used a blank document, pre-signed by his 'astute and devout' mother, before adding a will around it. He did this in order to get hold of her shares and thus control over a £4...
Human Law Mediation
Human Law Mediation
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  • What Are The Benefits Of Mediation In Any Dispute?
    Fundamentally while lawyers may make their money our of litigation they and you should be looking at the possibility of extraction from a dispute at any opportunity.(on the right terms of course) Given this, what are the benefits of mediation from the point of view of the paying party? The benefits include: .   Mediation is effective – 80% of cases work for mediation and have a successful resoluti...

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